Justice can only prevail when approached holistically, encompassing external, internal, and institutional independence. Recent calls for a probe into allegations of interference in judicial affairs by the intelligence apparatus highlight the importance of understanding and safeguarding judicial independence.
External independence, the first critical factor, serves as a shield against unwarranted meddling, ensuring justice is based solely on merit and evidence. Unwavering external independence is essential, especially in Pakistan, where allegations of interference have been a recurring issue.
Internal independence requires impartial and morally upright judges at all court levels. A meticulous selection process based on a holistic criterion, similar to Canada’s Supreme Court vision, is key to ensuring impartiality and integrity.
Institutional independence, the backbone of judicial independence, necessitates a strong institution free from political entanglements. The state must provide guarantees and resources for the judiciary to thrive, ensuring efficiency and public trust.
Ultimately, judicial independence isn’t just a catchphrase but a means to uphold the rule of law and constitutionalism. Meaningful dialogue and a shared commitment to change are crucial in safeguarding justice for society’s greater good.
